104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-383
_______________________________________________________________________
COMPREHENSIVE ANTITERRORISM ACT OF 1995
_______________________________________________________________________
December 5, 1995.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1710]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1710) to combat terrorism, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 37
Background and Need for Legislation.............................. 41
Hearings......................................................... 63
Committee Consideration.......................................... 66
Vote of the Committee............................................ 67
Committee Oversight Findings..................................... 76
Committee on Government Reform and Oversight Findings............ 76
New Budget Authority and Tax Expenditures........................ 76
Congressional Budget Office Cost Estimate........................ 76
Inflationary Impact Statement.................................... 80
Section-by-Section Analysis and Discussion....................... 80
Changes in Existing Law Made by the Bill, as Reported............ 106
Dissenting Views................................................. 176
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Antiterrorism Act of
1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--NEW OFFENSES
Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study to determine standards for determining what ammunition
is capable of penetrating police body armor.
TITLE II--INCREASED PENALTIES
Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that it
will be used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of violence.
Sec. 206. Directions to Sentencing Commission.
TITLE III--INVESTIGATIVE TOOLS
Sec. 301. Interceptions of communications.
Sec. 302. Pen registers and trap and trace devices in foreign
counterintelligence investigations.
Sec. 303. Disclosure of certain consumer reports to the Federal Bureau
of Investigation for foreign counterintelligence investigations.
Sec. 304. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental facilities
in foreign counterintelligence and counterterrorism cases.
Sec. 305. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering explosive components inert, and
imposing controls of precursors of explosives.
Sec. 306. Application of statutory exclusionary rule concerning
intercepted wire or oral communications.
Sec. 307. Exclusion of certain types of information from wiretap-
related definitions.
Sec. 308. Addition of conspiracies to temporary emergency wiretap
authority.
Sec. 309. Requirements for multipoint wiretaps.
Sec. 310. Access to telephone billing records.
Sec. 311. Requirement to preserve record evidence.
Sec. 312. Authority to request military assistance with respect to
offenses involving biological and chemical weapons.
Sec. 313. Detention hearing.
Sec. 314. Reward authority of the Attorney General.
Sec. 315. Definition of terrorism.
Sec. 316. Protection of Federal Government buildings in the District of
Columbia.
Sec. 317. Study of thefts from armories; report to the Congress.
TITLE IV--NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Investigative authority.
Sec. 506. Effective date.
TITLE VI--IMMIGRATION-RELATED PROVISIONS
Subtitle A--Removal of Alien Terrorists
Part 1--Removal Procedures for Alien Terrorists
Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and removal of alien terrorists.
Part 2--Exclusion and Denial of Asylum for Alien Terrorists
Sec. 611. Membership in terrorist organization as ground for exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.
Subtitle B--Expedited Exclusion
Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Improved Information and Processing
Part 1--Immigration Procedures
Sec. 631. Access to certain confidential ins files through court order.
Sec. 632. Waiver authority concerning notice of denial of application
for visas.
Part 2--Asset Forfeiture for Passport and Visa Offenses
Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.
Subtitle D--Employee Verification by Security Services Companies
Sec. 651. Permitting security services companies to request additional
documentation.
TITLE VII--AUTHORIZATION AND FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Civil monetary penalty surcharge and telecommunications
carrier compliance payments.
Sec. 703. Firefighter and emergency services training.
Sec. 704. Assistance to foreign countries to procure explosive
detection devices and other counter-terrorism technology.
Sec. 705. Research and development to support counterterrorism
technologies.
TITLE VIII--MISCELLANEOUS
Sec. 801. Machine readable visas and passports.
Sec. 802. Study of State licensing requirements for the purchase and
use of high explosives.
Sec. 803. Compensation of victims of terrorism.
Sec. 804. Jurisdiction for lawsuits against terrorist States.
Sec. 805. Study of publicly available instructional material on the
making of bombs, destructive devices, and weapons of mass destruction.
Sec. 806. Compilation of statistics relating to intimidation of
Government employees.
TITLE I--NEW OFFENSES
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) Homicide.--Section 1114 of title 18, United States Code, is
amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
``Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
Government (including any member of the uniformed services) while such
officer or employee is engaged in or on account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished, in the case of murder, as provided under section 1111, or
in the case of manslaughter, as provided under section 1112, or, in the
case of attempted murder or manslaughter, as provided in section
1113.''.
(b) Threats Against Former Officers and Employees.--Section 115(a)(2)
of title 18, United States Code, is amended by inserting ``, or
threatens to assault, kidnap, or murder, any person who formerly served
as a person designated in paragraph (1), or'' after ``assaults,
kidnaps, or murders, or attempts to kidnap or murder''.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.
(a) In General.--That chapter 113B of title 18, United States Code,
that relates to terrorism is amended by adding at the end the
following:
``Sec. 2339B. Providing material support to terrorist organizations
``(a) Offense.--Whoever, within the United States, knowingly provides
material support or resources in or affecting interstate or foreign
commerce, to any organization which the person knows or should have
known is a terrorist organization and that has been designated under
section 212(a)(3)(B)(iv) of the Immigration and Nationality Act as a
terrorist organization shall be fined under this title or imprisoned
not more than 10 years, or both.
``(b) Definition.--As used in this section, the term `material
support or resources' has the meaning given that term in section 2339A
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:
``2339B. Providing material support to terrorist organizations.''.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended read as
follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides material
support or resources or conceals or disguises the nature, location,
source, or ownership of material support or resources, knowing or
intending that they are to be used in preparation for or in carrying
out, a violation of section 32, 37, 351, 844(f) or (i), 956, 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b of this
title or section 46502 of title 49, or in preparation for or in
carrying out the concealment or an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more
than ten years, or both.
``(b) Definition.--In this section, the term `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.''.
SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Title 18, United States Code, is amended by inserting
after section 2332a the following:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Whoever, involving any conduct transcending national
boundaries and in a circumstance described in subsection (b)--
``(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults with a
dangerous weapon any individual within the United
States; or
``(B) creates a substantial risk of serious bodily
injury to any other person by destroying or damaging
any structure, conveyance, or other real or personal
property within the United States or by attempting or
conspiring to destroy or damage any structure,
conveyance, or other real or personal property within
the United States;
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection (c).
``(2) Whoever threatens to commit an offense under paragraph
(1), or attempts or conspires to do so, shall be punished as
prescribed in subsection (c).
``(b) Jurisdictional Bases.--The circumstances referred to in
subsection (a) are--
``(1) any of the offenders travels in, or uses the mail or
any facility of, interstate or foreign commerce in furtherance
of the offense or to escape apprehension after the commission
of the offense;
``(2) the offense obstructs, delays, or affects interstate or
foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
``(3) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
``(4) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, used by, or
leased to the United States, or any department or agency
thereof;
``(5) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
``(6) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-conspirators of an
offense under this section, and accessories after the fact to any
offense under this section, if at least one of such circumstances is
applicable to at least one offender.
``(c) Penalties.--
``(1) Whoever violates this section shall be punished--
``(A) for a killing or if death results to any person
from any other conduct prohibited by this section by
death, or by imprisonment for any term of years or for
life;
``(B) for kidnapping, by imprisonment for any term of
years or for life;
``(C) for maiming, by imprisonment for not more than
35 years;
``(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for
not more than 30 years;
``(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
``(F) for attempting or conspiring to commit an
offense, for any term of years up to the maximum
punishment that would have applied had the offense been
completed; and
``(G) for threatening to commit an offense under this
section, by imprisonment for not more than 10 years.
``(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any other term
of imprisonment.
``(d) Limitation on Prosecution.--No indictment shall be sought nor
any information filed for any offense described in this section until
the Attorney General, or the highest ranking subordinate of the
Attorney General with responsibility for criminal prosecutions, makes a
written certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to conceal its
commission, is terrorism, as defined in section 2331 of this title.
``(e) Proof Requirements.--
``(1) The prosecution is not required to prove knowledge by
any defendant of a jurisdictional base alleged in the
indictment.
``(2) In a prosecution under this section that is based upon
the adoption of State law, only the elements of the offense
under State law, and not any provisions pertaining to criminal
procedure or evidence, are adopted.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
``(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) over conduct which, under section 3 of this title,
renders any person an accessory after the fact to an offense
under subsection (a).
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national boundaries'
means conduct occurring outside the United States in addition
to the conduct occurring in the United States;
``(2) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958(b)(2) of this
title;
``(3) the term `serious bodily injury' has the meaning
prescribed in section 1365(g)(3) of this title; and
``(4) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the chapter 113B of title 18, United States Code, that relates to
terrorism is amended by inserting after the item relating to section
2332a the following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(c) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended by--
(1) striking ``any offense'' and inserting ``any non-capital
offense'';
(2) striking ``36'' and inserting ``37'';
(3) striking ``2331'' and inserting ``2332'';
(4) striking ``2339'' and inserting ``2332a''; and
(5) inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``, 956(a), or 2332b'' after
``section 924(c)''.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18, United States
Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where such
other person or persons are located, to commit at any place outside the
United States an act that would constitute the offense of murder,
kidnapping, or maiming if committed in the special maritime and
territorial jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the United
States to effect any object of the conspiracy, be punished as provided
in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1) of this
section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the offense
is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to damage or destroy specific property
situated within a foreign country and belonging to a foreign government
or to any political subdivision thereof with which the United States is
at peace, or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated, shall, if any
of the conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be imprisoned not
more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956 in the
table of sections at the beginning of chapter 45 of title 18, United
States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) of
title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following the following:
``There is jurisdiction over an offense under this subsection
if a national of the United States was on board, or would have
been on board, the aircraft; an offender is a national of the
United States; or an offender is afterwards found in the United
States. For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other Persons.--Section
1116 of title 18, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ```national of the United
States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(e) Threats and Extortion Against Foreign Officials and Certain Other
Persons.--Section 878 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ```national of the United
States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(f) Kidnapping of Internationally Protected Persons.--Section 1201(e)
of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2) of title
18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later found
in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Biological Weapons.--Section 178 of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the ``period'' at the end of paragraph (4)
and inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Against a National or Within the
United States'' after ``Offense'';
(B) by inserting ``, without lawful authority'' after
``A person who'';
(C) by inserting ``threatens,'' before ``attempts or
conspires to use, a weapon of mass destruction''; and
(D) by inserting ``and the results of such use affect
interstate or foreign commerce or, in the case of a
threat, attempt, or conspiracy, would have affected
interstate or foreign commerce'' before the semicolon
at the end of paragraph (2);
(2) in subsection (b), so that subparagraph (B) of paragraph
(2) reads as follows:
``(B) any weapon that is designed to cause death or
serious bodily injury through the release,
dissemination, or impact of toxic or poisonous
chemicals, or their precursors;'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National Outside the United States.--Any national of
the United States who, without lawful authority and outside the United
States, uses, or threatens, attempts, or conspires to use, a weapon of
mass destruction shall be imprisoned for any term of years or for life,
and if death results, shall be punished by death, or by imprisonment
for any term of years or for life.''.
SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.
(a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii) of
title 18, United States Code, is amended by striking ``or extortion;''
and inserting ``extortion, murder, or destruction of property by means
of explosive or fire;''.
(b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended--
(1) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft), section
37 (relating to violence at international airports), section
115 (relating to influencing, impeding, or retaliating against
a Federal official by threatening or injuring a family
member),'';
(2) by inserting after ``section 215 (relating to commissions
or gifts for procuring loans),'' the following: ``section 351
(relating to Congressional or Cabinet officer
assassination),'';
(3) by inserting after ``section 793, 794, or 798 (relating
to espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(4) by inserting after ``section 875 (relating to interstate
communications),'' the following: ``section 956 (relating to
conspiracy to kill, kidnap, maim, or injure certain property in
a foreign country),'';
(5) by inserting after ``1032 (relating to concealment of
assets from conservator, receiver, or liquidating agent of
financial institution),'' the following: ``section 1111
(relating to murder), section 1114 (relating to protection of
officers and employees of the United States), section 1116
(relating to murder of foreign officials, official guests, or
internationally protected persons),'';
(6) by inserting after ``section 1203 (relating to hostage
taking),'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(7) by inserting after ``section 1708 (theft from the
mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),''; and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts abroad
against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 2332b (relating to
international terrorist acts transcending national boundaries),
section 2339A (relating to providing material support to
terrorists) of this title, section 46502 of title 49, United
States Code''.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by
striking ``commerce,'' and inserting ``interstate or foreign commerce,
or in or affecting interstate or foreign commerce,''.
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity takes
place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended to read as
follows:
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either
before or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.
SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETERMINING WHAT AMMUNITION
IS CAPABLE OF PENETRATING POLICE BODY ARMOR.
The National Institute of Justice is directed to perform a study of,
and to recommend to Congress, a methodology for determining what
ammunition, designed for handguns, is capable of penetrating police
body armor. Not later than 6 months after the date of the enactment of
this Act, the National Institute of Justice shall report to Congress
the results of such study and such recommendations.
TITLE II--INCREASED PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.
(a) Increased Penalties for Damaging Certain Property.--Section
844(f) of title 18, United States Code, is amended to read as follows:
``(f) Whoever damages or destroys, or attempts to damage or destroy,
by means of fire or an explosive, any personal or real property in
whole or in part owned, possessed, or used by, or leased to, the United
States, or any department or agency thereof, or any institution or
organization receiving Federal financial assistance shall be fined
under this title or imprisoned for not more than 25 years, or both,
but--
``(1) if personal injury results to any person other than the
offender, the term of imprisonment shall be not more than 40
years;
``(2) if fire or an explosive is used and its use creates a
substantial risk of serious bodily injury to any person other
than the offender, the term of imprisonment shall not be less
than 20 years; and
``(3) if death results to any person other than the offender,
the offender shall be subject to the death penalty or
imprisonment for any term of years not less than 30, or for
life.''.
(b) Conforming Amendment.--Section 81 of title 18, United States
Code, is amended by striking ``fined under this title or imprisoned not
more than five years, or both'' and inserting ``imprisoned not more
than 25 years or fined the greater of the fine under this title or the
cost of repairing or replacing any property that is damaged or
destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of
section 844 of this title unless the indictment is found or the
information is instituted within 7 years after the date on which the
offense was committed.''.
(2) The table of sections at the beginning of chapter 213 of
title 18, United States Code, is amended by adding at the end
the following new item:
``3295. Arson offenses.''.
(3) Section 844(i) of title 18, United States Code, is
amended by striking the last sentence.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.
Section 844 of title 18, United States Code, is amended by adding at
the end the following:
``(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (other than the penalty of death) as
those prescribed for the offense the commission of which was the object
of the conspiracy.''.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places it
appears and inserting ``, attempted kidnapping, or conspiracy
to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``or attempted murder'' and inserting ``,
attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(4) Section 175(a) of title 18, United States Code, is
amended by inserting ``or conspires to do so,'' after ``any
organization to do so,''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is amended--
(1) by inserting ``or having reasonable cause to believe''
after ``knowing''; and
(2) by striking ``imprisoned not more than 10 years, fined in
accordance with this title, or both.'' and inserting ``subject
to the same penalties as may be imposed under subsection (c)
for a first conviction for the use or carrying of the
firearm.''.
SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding at
the end the following:
``(o) Whoever knowingly transfers any explosive materials, knowing or
having reasonable cause to believe that such explosive materials will
be used to commit a crime of violence (as defined in section 924(c)(3)
of this title) or drug trafficking crime (as defined in section
924(c)(2) of this title) shall be subject to the same penalties as may
be imposed under subsection (h) for a first conviction for the use or
carrying of the explosive materials.''.
SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that section had
not expired, amend the sentencing guidelines so that the chapter 3
adjustment relating to international terrorism also applies to domestic
terrorism.
TITLE III--INVESTIGATIVE TOOLS
SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.
(a) Authorization of Interceptions in Certain Terrorism Related
Offenses.--Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (n);
(2) by redesignating subparagraph (o) as subparagraph (q);
and
(3) by inserting after paragraph (n) the following:
``(o) any violation of section 956 or section 960 (relating
to certain actions against foreign nations), section 1114
(relating to protection of officers and employees of the United
States), section 1116 (relating to murder of foreign officials,
official guests, or internationally protected persons), section
2332 (relating to terrorist acts abroad), section 2332a
(relating to weapons of mass destruction), section 2332b
(relating to acts of terrorism transcending national
boundaries), section 2339A (relating to providing material
support to terrorists), section 37 (relating to violence at
international airports) of title 18, United States Code, or;
``(p) any felony violation of section 842 (relating to
explosives) of this title; and''.
(b) Reports Concerning Intercepted Communications.--Subsection (6) of
section 2518 of title 18, United States Code is amended to read as
follows:
``(6) Whenever an order authorizing interception is entered under
this chapter, the order shall require the attorney for the Government
to file a report with the judge who issued the order showing what
progress has been made toward achievement of the authorized objective
and the need for continued interception. Such report shall be made 15
days after the interception has begun. No other reports shall be made
to the judge under this subsection.''.
SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN
COUNTERINTELLIGENCE INVESTIGATIONS.
(a) Application.--Section 3122(b)(2) of title 18, United States Code,
is amended by inserting ``or foreign counterintelligence'' after
``criminal''.
(b) Order.--
(1) Section 3123(a) of title 18, United States Code, is
amended by inserting ``or foreign counterintelligence'' after
``criminal''.
(2) Section 3123(b)(1) of title 18, United States Code, is
amended in subparagraph (B), by striking ``criminal''.
SEC. 303. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU
OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE
INVESTIGATIONS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623 the following:
``SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR
FOREIGN COUNTERINTELLIGENCE PURPOSES.
``(a) Identity of Financial Institutions.--(1) Notwithstanding
section 604 or any other provision of this title, a court or magistrate
judge may issue an order ex parte, upon application by the Director of
the Federal Bureau of Investigation (or the Director's designee, whose
rank shall be no lower than Assistant Special Agent in Charge),
directing a consumer reporting agency to furnish to the Federal Bureau
of Investigation the names and addresses of all financial institutions
(as that term is defined in section 1101 of the Right to Financial
Privacy Act of 1978) at which a consumer maintains or has maintained an
account, to the extent that information is in the files of the agency.
The court or magistrate judge shall issue the order if the court or
magistrate judge finds, that--
``(A) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving reason
to believe that the consumer--
``(i) is a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978)
or a person who is not a United States person (as
defined in such section 101) and is an official of a
foreign power; or
``(ii) is an agent of a foreign power and is engaging
or has engaged in international terrorism (as that term
is defined in section 101(c) of the Foreign
Intelligence Surveillance Act of 1978) or clandestine
intelligence activities that involve or may involve a
violation of criminal statutes of the United States.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) Identifying Information.--(1) Notwithstanding section 604 or
any other provision of this title, a court or magistrate judge shall
issue an order ex parte, upon application by the Director of the
Federal Bureau of Investigation (or the Director's designee, whose rank
shall be no lower than Assistant Special Agent in Charge), directing a
consumer reporting agency to furnish identifying information respecting
a consumer, limited to name, address, former addresses, places of
employment, or former places of employment, to the Federal Bureau of
Investigation. The court or magistrate judge shall issue the order if
the court or magistrate judge finds, that--
``(A) such information is necessary to the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there is information giving reason to believe that the
consumer has been, or is about to be, in contact with a foreign
power or an agent of a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978).
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(c) Court Order for Disclosure of Consumer Reports.--(1)
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation (or the Director's designee, whose rank shall be no lower
than Assistant Special Agent in Charge), a court may issue an order ex
parte directing a consumer reporting agency to furnish a consumer
report to the Federal Bureau of Investigation, after the court or
magistrate finds, in a proceeding in camera, that--
``(A) the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving reason
to believe that the consumer whose consumer report is sought--
``(i) is an agent of a foreign power; and
``(ii) is engaging or has engaged in international
terrorism (as that term is defined in section 101(c) of
the Foreign Intelligence Surveillance Act of 1978) or
clandestine intelligence activities that involve or may
involve a violation of criminal statutes of the United
States.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(d) Confidentiality.--(1) No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than officers, employees, or agents of a consumer
reporting agency necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section,
that the Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c).
``(2) No consumer reporting agency or officer, employee, or agent of
a consumer reporting agency shall include in any consumer report any
information that would indicate that the Federal Bureau of
Investigation has sought or obtained such information or a consumer
report.
``(e) Payment of Fees.--The Federal Bureau of Investigation is
authorized, subject to the availability of appropriations, pay to the
consumer reporting agency assembling or providing reports or
information in accordance with procedures established under this
section, a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching,
reproducing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except--
``(1) to the Department of Justice or any other law
enforcement agency, as may be necessary for the approval or
conduct of a foreign counterintelligence investigation; or
``(2) where the information concerns a person subject to the
Uniform Code of Military Justice, to appropriate investigative
authorities within the military department concerned as may be
necessary for the conduct of a joint foreign
counterintelligence investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On an annual basis, the Attorney General
shall fully inform the Permanent Select Committee on Intelligence and
the Committee on Banking and Financial Services of the House of
Representatives, and the Select Committee on Intelligence and the
Committee on Banking, Housing, and Urban Affairs of the Senate
concerning all requests made pursuant to subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to any person
harmed by the violation in an amount equal to the sum of--
``(1) $100, without regard to the volume of consumer reports,
records, or information involved;
``(2) any actual damages sustained by the person harmed as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or employee who
was responsible for the violation.
``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under
this title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State notwithstanding.
``(l) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by
adding after the item relating to section 623 the following new item:
``624. Disclosures to the Federal Bureau of Investigation for foreign
counterintelligence purposes.''.
SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES, AND
VEHICLE RENTAL FACILITIES IN FOREIGN
COUNTERINTELLIGENCE AND COUNTERTERRORISM CASES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 121 the following:
``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec.
``2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental facilities
in counterintelligence and counterterrorism cases.
``Sec. 2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and
vehicle rental facilities in counterintelligence
and counterterrorism cases
``(a)(1) A court or magistrate judge may issue an order ex parte,
upon application by the Director of the Federal Bureau of Investigation
(or the Director's designee, whose rank shall be no lower than
Assistant Special Agent in Charge), directing any common carrier,
public accommodation facility, physical storage facility, or vehicle
rental facility to furnish any records in its possession to the Federal
Bureau of Investigation. The court or magistrate judge shall issue the
order if the court or magistrate judge finds that--
``(A) such records are necessary for counterterrorism or
foreign counterintelligence purposes; and
``(B) there are specific and articulable facts giving reason
to believe that the person to whom the records pertain is--
``(i) a foreign power; or
``(ii) an agent of a foreign power and is engaging or
has engaged in international terrorism (as that term is
defined in section 101(c) of the Foreign Intelligence
Surveillance Act of 1978) or clandestine intelligence
activities that involve or may involve a violation of
criminal statutes of the United States.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) No common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility, or any officer, employee,
or agent of such common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, shall disclose
to any person, other than those officers, agents, or employees of the
common carrier, public accommodation facility, physical storage
facility, or vehicle rental facility necessary to fulfill the
requirement to disclose the information to the Federal Bureau of
Investigation under this section.
``(c)(1) The Federal Bureau of Investigation may not disseminate
information obtained pursuant to this section outside the Federal
Bureau of Investigation, except--
``(A) to the Department of Justice or any other law
enforcement agency, as may be necessary for the approval or
conduct of a foreign counterintelligence investigation; or
``(B) where the information concerns a person subject to the
Uniform Code of Military Justice, to appropriate investigative
authorities within the military department concerned as may be
necessary for the conduct of a joint foreign
counterintelligence investigation.
``(2) Any agency or department of the United States obtaining or
disclosing any information in violation of this paragraph shall be
liable to any person harmed by the violation in an amount equal to the
sum of--
``(A) $100 without regard to the volume of information
involved;
``(B) any actual damages sustained by the person harmed as a
result of the violation;
``(C) if the violation is willful or intentional, such
punitive damages as a court may allow; and
``(D) in the case of any successful action to enforce
liability under this paragraph, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(d) If a court determines that any agency or department of the
United States has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise questions
of whether or not an officer or employee of the agency or department
acted willfully or intentionally with respect to the violation, the
agency or department shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation.
``(e) As used in this section--
``(1) the term `common carrier' means a locomotive, rail
carrier, bus carrying passengers, water common carrier, air
common carrier, or private commercial interstate carrier for
the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any inn,
hotel, motel, or other establishment that provides lodging to
transient guests;
``(3) the term `physical storage facility' means any business
or entity that provides space for the storage of goods or
materials, or services related to the storage of goods or
materials, to the public or any segment thereof; and
``(4) the term `vehicle rental facility' means any person or
entity that provides vehicles for rent, lease, loan, or other
similar use, to the public or any segment thereof.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 121 the following new item:
``122. Access to certain records............................ 2720''.
SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES
AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE
COMPONENTS INERT, AND IMPOSING CONTROLS OF
PRECURSORS OF EXPLOSIVES.
(a) Study.--The Attorney General, in consultation with other Federal,
State and local officials with expertise in this area and such other
individuals as the Attorney General deems appropriate, shall conduct a
study concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) technology for devices to improve the detection of
explosives materials;
(3) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(4) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible to require it.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Attorney General shall submit to the Congress a report
that contains the results of the study required by this section. The
Attorney General shall make the report available to the public.
SEC. 306. APPLICATION OF STATUTORY EXCLUSIONARY RULE CONCERNING
INTERCEPTED WIRE OR ORAL COMMUNICATIONS.
Section 2515 of title 18, United States Code, is amended by adding at
the end the following: ``This section shall not apply to the disclosure
by the United States in a criminal trial or hearing or before a grand
jury of the contents of a wire or oral communication, or evidence
derived therefrom, if any law enforcement officers who intercepted the
communication or gathered the evidence derived therefrom acted with the
reasonably objective belief that their actions were in compliance with
this chapter.''.
SEC. 307. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-
RELATED DEFINITIONS.
(a) Definition of ``electronic communication''.--Section 2510(12) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding a new subparagraph (D), as follows:
``(D) information stored in a communications system
used for the electronic storage and transfer of
funds;''
(b) Definition of ``readily accessible to the general public''.--
Section 2510(16) of title 18, United States Code, is amended--
(1) by inserting ``or'' at the end of subparagraph (D);
(2) by striking ``or'' at the end of subparagraph (E); and
(3) by striking subparagraph (F).
SEC. 308. ADDITION OF CONSPIRACIES TO TEMPORARY EMERGENCY WIRETAP
AUTHORITY.
(a) Section 2518.--Section 2518(7)(a) of title 18, United States
Code, is amended--
(1) by striking ``or'' at the end of subparagraph (ii);
(2) by inserting after subparagraph (ii) the following:
``(iii) conspiratorial activities involving domestic
terrorism or international terrorism (as that term is
defined in section 2331 of this title), or''; and
(3) by redesignating existing subparagraph (iii) as
subparagraph (iv).
(b) Definition of Domestic Terrorism.--Section 2510 of title 18,
United States Code, is amended.--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by inserting after paragraph (18) the following:
``(19) `domestic terrorism' means terrorism, as defined in
section 2331 of this title, that occurs primarily inside the
territorial jurisdiction of the United States.''.
SEC. 309. REQUIREMENTS FOR MULTIPOINT WIRETAPS.
Section 2518(11) of title 18, United States Code, is amended to read
as follows:
``(11) The requirements of subsections (1)(b)(11) and (3)(d) of this
section relating to the specification of facilities from which or the
place where the communication is to be intercepted to do not apply if,
in the case of an application with respect to the interception of oral,
wire, or electronic communications--
``(a) the application is by a Federal investigative or law
enforcement officer, and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General (or an official acting in any
such capacity);
``(b) the application contains a full and complete statement
as to why such specification is not practical and identifies
the person committing the offense and whose communications are
to be intercepted; and
``(c) the judge finds that such specification is not
practical.''.
SEC. 310. ACCESS TO TELEPHONE BILLING RECORDS.
(a) Section 2709.--Section 2709(b) of title 18, United States Code,
is amended--
(1) in paragraph (1)(A), by inserting ``local and long
distance'' before ``toll billing records'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(4) by adding at the end a new paragraph (3), as follows:
``(3) request the name, address, length of service, and local
and long distance toll billing records of a person or entity if
the Director or the Director's designee (in a position not
lower than Deputy Assistant Director) certifies in writing to
the wire or electronic communication service provider to which
the request is made that the information sought is relevant to
an authorized domestic terrorism investigation.''.
(b) Section 2703.--Section 2703(c)(1)(C) of title 18, United States
Code, is amended by inserting ``local and long distance'' before
``telephone toll billing records''.
(c) Civil Remedy.--Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``customer'' and inserting
``any other person'';
(2) in subsection (c), inserting before the period at the end
the following: ``, and if the violation is willful or
intentional, such punitive damages as the court may allow, and,
in the case of any successful action to enforce liability under
this section, the costs of the action, together with reasonable
attorney fees, as determined by the court''; and
(3) by adding at the end the following:
``(f) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated this
chapter and the court finds that the circumstances surrounding the
violation raise questions of whether or not an officer or employee of
the agency or department acted willfully or intentionally with respect
to the violation, the agency or department shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the
violation.''.
SEC. 311. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding at
the end the following:
``(f) Requirement to Preserve Evidence.--A provider of wire or
electronic communication services or a remote computing service, upon
the request of a governmental entity, shall take all necessary steps to
preserve records, and other evidence in its possession pending the
issuance of a court order or other process. Such records shall be
retained for a period of 90 days, which period shall be extended for an
additional 90-day period upon a renewed request by the governmental
entity.''.
SEC. 312. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO
OFFENSES INVOLVING BIOLOGICAL AND CHEMICAL WEAPONS.
(a) In General.--The Attorney General may request that the Secretary
of Defense provide technical and logistical assistance by civilian and
military personnel of the Department of Defense in support of
Department of Justice activities relating to the enforcement of
criminal law in an emergency situation involving biological weapons or
chemical weapons of mass destruction. Department of Defense resources,
including personnel of the Department of Defense, may be used to
provide such assistance if--
(1) the Secretary of Defense and the Attorney General
determine that an emergency situation involving such weapons
exists; and
(2) the Secretary of Defense determines that the provision of
such assistance will not adversely affect the military
preparedness of the United States.
(b) Definition.--As used in this section, the term ``emergency
situation involving biological weapons or chemical weapons of mass
destruction'' means a circumstance involving a biological or chemical
weapon of mass destruction--
(1) that poses a serious threat to the interests of the
United States; and
(2) in which--
(A) civilian expertise is not readily available to
provide the required assistance to counter the threat
involved;
(B) Department of Defense special capabilities and
expertise are needed to counter the threat; and
(C) enforcement of the law would be seriously
impaired if the Department of Defense assistance were
not provided.
(c) Nature of Assistance.--The assistance referred to in subsection
(a) includes the operation of equipment (including equipment made
available under section 372 of title 10, United States Code) to
monitor, contain, disable, or dispose of a biological or chemical
weapon or elements of the weapon.
(d) Regulations.--The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of technical and
logistical assistance that may be provided under this section. Such
regulations shall also describe the actions that Department of Defense
personnel may take in circumstances incident to the provision of
assistance under this section. Such regulations shall not authorize
arrest or any assistance in conducting searches and seizures that seek
evidence related to violations of criminal law, except for the
immediate protection of human life.
(e) Reimbursement.--The Secretary of Defense shall require
reimbursement as a condition for providing assistance under this
subsection in accordance with section 377 of title 10, United States
Code.
(f) Delegation.--
(1) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority
of the Attorney General under this subsection. The Attorney
General may delegate the Attorney General's authority under
this subsection only to the Associate Attorney General or an
Assistant Attorney General and only if the Associate Attorney
General or Assistant Attorney General to whom delegated has
been designated by the Attorney General to act for, and to
exercise the general powers of, the Attorney General.
(2) Except to the extent otherwise provided by the Secretary
of Defense, the Deputy Secretary of Defense may exercise the
authority of the Secretary of Defense under this subsection.
The Secretary of Defense may delegate the Secretary's authority
under this subsection only to an Under Secretary of Defense or
an Assistant Secretary of Defense and only if the Under
Secretary or Assistant Secretary to whom delegated has been
designated by the Secretary to act for, and to exercise the
general powers of, the Secretary.
SEC. 313. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended by
inserting ``(not including any intermediate Saturday, Sunday, or legal
holiday)'' after ``five days'' and after ``three days''.
SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--Title 18, United States Code, is amended by striking
sections 3059 through 3059A and inserting the following:
``Sec. 3059. Reward authority of the Attorney General
``(a) The Attorney General may pay rewards and receive from any
department or agency, funds for the payment of rewards under this
section, to any individual who provides any information unknown to the
Government leading to the arrest or prosecution of any individual for
Federal felony offenses.
``(b) If the reward exceeds $100,000, the Attorney General shall give
notice of that fact to the Senate and the House of Representatives not
later than 30 days after authorizing the payment of the reward.
``(c) A determination made by the Attorney General as to whether to
authorize an award under this section and as to the amount of any
reward authorized shall be final and conclusive, and no court shall
have jurisdiction to review it.
``(d) If the Attorney General determines that the identity of the
recipient of a reward or of the members of the recipient's immediate
family must be protected, the Attorney General may take such measures
in connection with the payment of the reward as the Attorney General
deems necessary to effect such protection.
``(e) No officer or employee of any governmental entity may receive a
reward under this section for conduct in performance of his or her
official duties.
``(f) Any individual (and the immediate family of such individual)
who furnishes information which would justify a reward under this
section or a reward by the Secretary of State under section 36 of the
State Department Basic Authorities Act of 1956 may, in the discretion
of the Attorney General, participate in the Attorney General's witness
security program under chapter 224 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 18, United States Code, is amended by striking the
items relating to section 3059 and 3059A and inserting the following
new item:
``3059. Reward authority of the Attorney General.''.
(c) Conforming Amendment.--Section 1751 of title 18, United States
Code, is amended by striking subsection (g).
SEC. 315. DEFINITION OF TERRORISM.
Section 2331 of title 18, United States Code, is amended--
(1) so that paragraph (1) reads as follows:
``(1) the term `terrorism' means terrorist activity as
defined in section 212(a)(3)(B)(ii) of the Immigration and
Nationality Act;'';
(2) by inserting after paragraph (1) the following:
``(2) the term `international terrorism' means terrorism that
occurs primarily outside the territorial jurisdiction of the
United States, or transcends national boundaries in terms of
the means by which it is accomplished, the persons it appears
intended to intimidate or coerce, or the locale in which its
perpetrators operate or seek asylum;''; and
(3) by redesignating existing paragraphs (2) through (4) as
paragraphs (3) through (5), respectively.
SEC. 316. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF
COLUMBIA.
The Attorney General is authorized--
(1) to prohibit vehicles from parking or standing on any
street or roadway adjacent to any building in the District of
Columbia which is in whole or in part owned, possessed, used
by, or leased to the Federal Government and used by Federal law
enforcement authorities; and
(2) to prohibit any person or entity from conducting business
on any property immediately adjacent to any such building.
SEC. 317. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.
(a) Study.--The Attorney General of the United States shall conduct a
study of the extent of thefts from military arsenals (including
National Guard armories) of firearms, explosives, and other materials
that are potentially useful to terrorists.
(b) Report to the Congress.--Within 6 months after the date of the
enactment of this Act, the Attorney General shall submit to the
Congress a report on the study required by subsection (a).
TITLE IV--NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``nuclear material'' each
place it appears and inserting ``nuclear material or nuclear
byproduct material'';
(2) in subsection (a)(1)(A), by inserting ``or the
environment'' after ``property'';
(3) so that subsection (a)(1)(B) reads as follows:
``(B)(i) circumstances exist which are likely to
cause the death of or serious bodily injury to any
person or substantial damage to property or the
environment; or (ii) such circumstances are represented
to the defendant to exist;'';
(4) in subsection (a)(6), by inserting ``or the environment''
after ``property'';
(5) so that subsection (c)(2) reads as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal entity;'';
(6) in subsection (c)(3), by striking ``at the time of the
offense the nuclear material is in use, storage, or transport,
for peaceful purposes, and'';
(7) by striking ``or'' at the end of subsection (c)(3);
(8) in subsection (c)(4), by striking ``nuclear material for
peaceful purposes'' and inserting ``nuclear material or nuclear
byproduct material'';
(9) by striking the period at the end of subsection (c)(4)
and inserting ``; or'';
(10) by adding at the end of subsection (c) the following:
``(5) the governmental entity under subsection (a)(5) is the
United States or the threat under subsection (a)(6) is directed
at the United States.'';
(11) in subsection (f)(1)(A), by striking ``with an isotopic
concentration not in excess of 80 percent plutonium 238'';
(12) in subsection (f)(1)(C) by inserting ``enriched uranium,
defined as'' before ``uranium'';
(13) in subsection (f), by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5), respectively;
(14) by inserting after subsection (f)(1) the following:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;'';
(15) by striking ``and'' at the end of subsection (f)(4), as
redesignated;
(16) by striking the period at the end of subsection (f)(5),
as redesignated, and inserting a semicolon; and
(17) by adding at the end of subsection (f) the following:
``(6) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, district,
commonwealth, territory or possession of the United States.''.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding at
the end the following:
``(o) `Convention on the Marking of Plastic Explosives' means
the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152,
when the minimum concentration in the finished
explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176,
when the minimum concentration in the finished
explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass; and
``(5) any other substance in the concentration
specified by the Secretary, after consultation with the
Secretary of State and the Secretary of Defense, which
has been added to the table in part 2 of the Technical
Annex to the Convention on the Marking of Plastic
Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more high
explosives which in their pure form have a vapor pressure less
than 10-<SUP>4 Pa at a temperature of 25+C., is formulated with
a binder material, and is as a mixture malleable or flexible at
normal room temperature.''.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding at
the end the following:
``(l) It shall be unlawful for any person to manufacture any plastic
explosive which does not contain a detection agent.
``(m)(1) it shall be unlawful for any person to import or bring into
the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) Until the 15-year period that begins with the date of entry
into force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the importation or bringing into the United States, or the
exportation from the United States, of any plastic explosive which was
imported, brought into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any agency of the
United States performing military or police functions (including any
military Reserve component) or by or on behalf of the National Guard of
any State.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
``(2)(A) During the 3-year period that begins on the effective date
of this subsection, paragraph (1) shall not apply to the shipment,
transportation, transfer, receipt, or possession of any plastic
explosive, which was imported, brought into, or manufactured in the
United States before such effective date by any person.
``(B) Until the 15-year period that begins on the date of entry into
force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the shipment, transportation, transfer, receipt, or possession of
any plastic explosive, which was imported, brought into, or
manufactured in the United States before the effective date of this
subsection by or on behalf of any agency of the United States
performing a military or police function (including any military
reserve component) or by or on behalf of the National Guard of any
State.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
effective date of this subsection, to fail to report to the Secretary
within 120 days after the effective date of this subsection the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read as
follows:
``(a) Any person who violates subsections (a) through (i) or (l)
through (o) of section 842 of this title shall be fined under this
title, imprisoned not more than 10 years, or both.''.
SEC. 504. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``(l), (m), (n), or (o)
of section 842 and subsections'' after ``subsections'';
(2) in subsection (a)(1), by inserting ``and which pertains
to safety'' before the semicolon; and
(3) by adding at the end the following:
``(c) It is an affirmative defense against any proceeding involving
subsection (l), (m), (n), or (o) of section 842 of this title if the
proponent proves by a preponderance of the evidence that the plastic
explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or
modified explosive materials;
``(B) training in explosives detection or development
or testing of explosives detection equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive which, within 3 years after the
effective date of this paragraph, will be or is incorporated in
a military device within the territory of the United States and
remains an integral part of such military device, or is
intended to be, or is incorporated in, and remains an integral
part of a military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any military
reserve component) or the National Guard of any State, wherever
such device is located. For purposes of this subsection, the
term `military device' includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
exclusively for military or police purposes.''.
SEC. 505. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amended--
(1) by inserting ``subsection (m) or (n) of section 842 or''
before ``subsection (d)''; and
(2) by adding at the end the following: ``The Attorney
General shall exercise authority over violations of subsection
(m) or (n) of section 842 and subsection (d), (e), (f), (g),
(h), or (i) of section 844 of this title only when they are
committed by a member of a terrorist or revolutionary group. In
any matter involving a terrorist or revolutionary group or
individual, as determined by the Attorney General, the Attorney
General shall have primary investigative responsibility and the
Secretary shall assist the Attorney General as requested.''.
SEC. 506. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year after the
date of the enactment of this Act.
TITLE VI--IMMIGRATION-RELATED PROVISIONS
Subtitle A--Removal of Alien Terrorists
PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act is amended--
(1) by adding at the end of the table of contents the
following:
``TITLE V--Special Removal Procedures for Alien Terrorists
``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys
to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'';
and
(2) by adding at the end the following new title:
``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
``definitions
``Sec. 501. In this title:
``(1) The term `alien terrorist' means an alien described in
section 241(a)(4)(B).
``(2) The term `classified information' has the meaning given
such term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(3) The term `national security' has the meaning given such
term in section 1(b) of the Classified Information Procedures
Act (18 U.S.C. App.).
``(4) The term `special attorney' means an attorney who is on
the panel established under section 502(e).
``(5) The term `special removal court' means the court
established under section 502(a).
``(6) The term `special removal hearing' means a hearing
under section 505.
``(7) The term `special removal proceeding' means a
proceeding under this title.
``establishment of special removal court; panel of attorneys to assist
with classified information
``Sec. 502. (a) In General.--The Chief Justice of the United States
shall publicly designate 5 district court judges from 5 of the United
States judicial circuits who shall constitute a court which shall have
jurisdiction to conduct all special removal proceedings.
``(b) Terms.--Each judge designated under subsection (a) shall serve
for a term of 5 years and shall be eligible for redesignation, except
that the four associate judges first so designated shall be designated
for terms of one, two, three, and four years so that the term of one
judge shall expire each year.
``(c) Chief Judge.--The Chief Justice shall publicly designate one of
the judges of the special removal court to be the chief judge of the
court. The chief judge shall promulgate rules to facilitate the
functioning of the court and shall be responsible for assigning the
consideration of cases to the various judges.
``(d) Expeditious and Confidential Nature of Proceedings.--The
provisions of section 103(c) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this
title in the same manner as they apply to proceedings under such Act.
``(e) Establishment of Panel of Special Attorneys.--The special
removal court shall provide for the designation of a panel of attorneys
each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens with
respect to classified information under sections 506 and
507(c)(2)(B) in accordance with (and subject to the penalties
under) this title.
``application for initiation of special removal proceeding
``Sec. 503. (a) In General.--Whenever the Attorney General has
classified information that an alien is an alien terrorist, the
Attorney General, in the Attorney General's discretion, may seek
removal of the alien under this title through the filing with the
special removal court of a written application described in subsection
(b) that seeks an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera and ex parte
and shall be filed under seal with the court.
``(b) Contents of Application.--Each application for a special
removal proceeding shall include all of the following:
``(1) The identity of the Department of Justice attorney
making the application.
``(2) The approval of the Attorney General or the Deputy
Attorney General for the filing of the application based upon a
finding by that individual that the application satisfies the
criteria and requirements of this title.
``(3) The identity of the alien for whom authorization for
the special removal proceeding is sought.
``(4) A statement of the facts and circumstances relied on by
the Department of Justice to establish that--
``(A) the alien is an alien terrorist and is
physically present in the United States, and
``(B) with respect to such alien, adherence to the
provisions of title II regarding the deportation of
aliens would pose a risk to the national security of
the United States.
``(5) An oath or affirmation respecting each of the facts and
statements described in the previous paragraphs.
``(c) Right to Dismiss.--The Department of Justice retains the right
to dismiss a removal action under this title at any stage of the
proceeding.
``consideration of application
``Sec. 504. (a) In General.--In the case of an application under
section 503 to the special removal court, a single judge of the court
shall be assigned to consider the application. The judge, in accordance
with the rules of the court, shall consider the application and may
consider other information, including classified information, presented
under oath or affirmation. The judge shall consider the application
(and any hearing thereof) in camera and ex parte. A verbatim record
shall be maintained of any such hearing.
``(b) Approval of Order.--The judge shall enter ex parte the order
requested in the application if the judge finds, on the basis of such
application and such other information (if any), that there is probable
cause to believe that--
``(1) the alien who is the subject of the application has
been correctly identified and is an alien terrorist, and
``(2) adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States.
``(c) Denial of Order.--If the judge denies the order requested in
the application, the judge shall prepare a written statement of the
judge's reasons for the denial.
``(d) Exclusive Provisions.--Whenever an order is issued under this
section with respect to an alien--
``(1) the alien's rights regarding removal and expulsion
shall be governed solely by the provisions of this title, and
``(2) except as they are specifically referenced, no other
provisions of this Act shall be applicable.
``special removal hearings
``Sec. 505. (a) In General.--In any case in which the application for
the order is approved under section 504, a special removal hearing
shall be conducted under this section for the purpose of determining
whether the alien to whom the order pertains should be removed from the
United States on the grounds that the alien is an alien terrorist.
Consistent with section 506, the alien shall be given reasonable notice
of the nature of the charges against the alien and a general account of
the basis for the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which the hearing
will be held. The hearing shall be held as expeditiously as possible.
``(b) Use of Same Judge.--The special removal hearing shall be held
before the same judge who granted the order pursuant to section 504
unless that judge is deemed unavailable due to illness or disability by
the chief judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct the special
removal hearing. A decision by the chief judge pursuant to the
preceding sentence shall not be subject to review by either the alien
or the Department of Justice.
``(c) Rights in Hearing.--
``(1) Public hearing.--The special removal hearing shall be
open to the public.
``(2) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled to
have counsel assigned to represent the alien. Such counsel
shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable to
obtain adequate representation for the district in which the
hearing is conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section shall
apply and, for purposes of determining the maximum amount of
compensation, the matter shall be treated as if a felony was
charged.
``(3) Introduction of evidence.--The alien shall have a right
to introduce evidence on the alien's own behalf.
``(4) Examination of witnesses.--Except as provided in
section 506, the alien shall have a reasonable opportunity to
examine the evidence against the alien and to cross-examine any
witness.
``(5) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a
hearing shall be kept.
``(6) Decision based on evidence at hearing.--The decision of
the judge in the hearing shall be based only on the evidence
introduced at the hearing, including evidence introduced under
subsection (e).
``(7) No right to ancillary relief.--In the hearing, the
judge is not authorized to consider or provide for relief from
removal based on any of the following:
``(A) Asylum under section 208.
``(B) Withholding of deportation under section
243(h).
``(C) Suspension of deportation under section 244(a)
or 244(e).
``(D) Adjustment of status under section 245.
``(E) Registry under section 249.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
special removal hearing, either the alien or the Department of
Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also command
the person to whom it is directed to produce books, papers,
documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is
necessary for the determination of any material matter. Such a
request may be made ex parte except that the judge shall inform
the Department of Justice of any request for a subpoena by the
alien for a witness or material if compliance with such a
subpoena would reveal evidence or the source of evidence which
has been introduced, or which the Department of Justice has
received permission to introduce, in camera and ex parte
pursuant to subsection (e) and section 506, and the Department
of Justice shall be given a reasonable opportunity to oppose
the issuance of such a subpoena.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a
court of the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Introduction of Classified Information.--
``(1) In general.--Classified information that has been
summarized pursuant to section 506(b) and classified
information for which findings described in section
506(b)(4)(B) have been made and for which no summary is
provided shall be introduced (either in writing or through
testimony) in camera and ex parte and neither the alien nor the
public shall be informed of such evidence or its sources other
than through reference to the summary (if any) provided
pursuant to such section. Notwithstanding the previous
sentence, the Department of Justice may, in its discretion and
after coordination with the originating agency, elect to
introduce such evidence in open session.
``(2) Treatment of electronic surveillance information.--
``(A) Use of electronic surveillance.--The Government
is authorized to use in a special removal proceeding
the fruits of electronic surveillance and unconsented
physical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) without regard to subsections (c), (e), (f),
(g), and (h) of section 106 of that Act.
``(B) No discovery of electronic surveillance
information.--An alien subject to removal under this
title shall have no right of discovery of information
derived from electronic surveillance authorized under
the Foreign Intelligence Surveillance Act of 1978 or
otherwise for national security purposes. Nor shall
such alien have the right to seek suppression of
evidence.
``(C) Certain procedures not applicable.--The
provisions and requirements of section 3504 of title
18, United States Code, shall not apply to procedures
under this title.
``(3) Rights of united states.--Nothing in this section shall
prevent the United States from seeking protective orders and
from asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and state
secrets privileges.
``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence
shall not apply to hearings under this section. Evidence introduced at
the special removal hearing, either in open session or in camera and ex
parte, may, in the discretion of the Department of Justice, include all
or part of the information presented under section 504 used to obtain
the order for the hearing under this section.
``(g) Arguments.--Following the receipt of evidence, the attorneys
for the Department of Justice andfor the alien shall be given fair
opportunity to present argument as to whether the evidence is
sufficient to justify the removal of the alien. The attorney for the
Department of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the Department of
Justice shall then be permitted to reply in rebuttal. The judge may
allow any part of the argument that refers to evidence received in
camera and ex parte to be heard in camera and ex parte.
``(h) Burden of Proof.--In the hearing the Department of Justice has
the burden of showing by clear and convincing evidence that the alien
is subject to removal because the alien is an alien terrorist. If the
judge finds that the Department of Justice has met this burden, the
judge shall order the alien removed and detained pending removal from
the United States. If the alien was released pending the special
removal hearing, the judge shall order the Attorney General to take the
alien into custody.
``(i) Written Order.--At the time of rendering a decision as to
whether the alien shall be removed, the judge shall prepare a written
order containing a statement of facts found and conclusions of law. Any
portion of the order that would reveal the substance or source of
information received in camera and ex parte pursuant to subsection (e)
shall not be made available to the alien or the public.
``consideration of classified information
``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case in
which the application for the order authorizing the special procedures
of this title is approved, the judge who granted the order shall
consider each item of classified information the Department of Justice
proposes to introduce in camera and ex parte at the special removal
hearing and shall order the introduction of such information pursuant
to section 505(e) if the judge determines the information to be
relevant.
``(b) Preparation and Provision of Written Summary.--
``(1) Preparation.--The Department of Justice shall prepare a
written summary of such classified information which does not
pose a risk to national security.
``(2) Conditions for approval by judge and provision to
alien.--The judge shall approve the summary so long as the
judge finds that the summary is sufficient--
``(A) to inform the alien of the general nature of
the evidence that the alien is an alien terrorist, and
``(B) to permit the alien to prepare a defense
against deportation.
The Department of Justice shall cause to be delivered to the
alien a copy of the summary.
``(3) Opportunity for correction and resubmittal.--If the
judge does not approve the summary, the judge shall provide the
Department a reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised summary.
``(4) Conditions for termination of proceedings if summary
not approved.--
``(A) In general.--If, subsequent to the opportunity
described in paragraph (3), the judge does not approve
the summary, the judge shall terminate the special
removal hearing unless the judge makes the findings
described in subparagraph (B).
``(B) Findings.--The findings described in this
subparagraph are, with respect to an alien, that--
``(i) the continued presence of the alien in
the United States, and
``(ii) the provision of the required summary,
would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to
any person.
``(5) Continuation of hearing without summary.--If a judge
makes the findings described in paragraph (4)(B)--
``(A) if the alien involved is an alien lawfully
admitted for permanent residence, the procedures
described in subsection (c) shall apply; and
``(B) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in
camera and ex parte may be used pursuant to section
505(e).
``(c) Special Procedures for Access and Challenges to Classified
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
``(1) In general.--The procedures described in this
subsection are that the judge (under rules of the special
removal court) shall designate a special attorney (as defined
in section 501(4)) to assist the alien--
``(A) by reviewing in camera the classified
information on behalf of the alien, and
``(B) by challenging through an in camera proceeding
the veracity of the evidence contained in the
classified information.
``(2) Restrictions on disclosure.--A special attorney
receiving classified information under paragraph (1)--
``(A) shall not disclosure the information to the
alien or to any other attorney representing the alien,
and
``(B) who discloses such information in violation of
subparagraph (A) shall be subject to a fine under title
18, United States Code, imprisoned for not less than 10
years nor more than 25 years, or both.
``appeals
``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The
Department of Justice may seek a review of the denial of an order
sought in an application by the United States Court of Appeals for the
District of Columbia Circuit by notice of appeal which must be filed
within 20 days after the date of such denial. In such a case the entire
record of the proceeding shall be transmitted to the Court of Appeals
under seal and the Court of Appeals shall hear the matter ex parte. In
such a case the Court of Appeals shall review questions of law de novo,
but a prior finding on any question of fact shall not be set aside
unless such finding was clearly erroneous.
``(b) Appeals of Determinations About Summaries of Classified
Information.--Either party may take an interlocutory appeal to the
United States Court of Appeals for the District of Columbia Circuit
of--
``(1) any determination by the judge pursuant to section
506(a)--
``(A) concerning whether an item of evidence may be
introduced in camera and ex parte, or
``(B) concerning the contents of any summary of
evidence to be introduced in camera and ex parte
prepared pursuant to section 506(b); or
``(2) the refusal of the court to make the findings permitted
by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the
entire record, including any proposed order of the judge or summary of
evidence, shall be transmitted to the Court of Appeals under seal and
the matter shall be heard ex parte.
``(c) Appeals of Decision in Hearing.--
``(1) In general.--Subject to paragraph (2), the decision of
the judge after a special removal hearing may be appealed by
either the alien or the Department of Justice to the United
States Court of Appeals for the District of Columbia Circuit by
notice of appeal.
``(2) Automatic appeals in cases of permanent resident aliens
in which no summary provided.--
``(A) In general.--Unless the alien waives the right
to a review under this paragraph, in any case involving
an alien lawfully admitted for permanent residence who
is denied a written summary of classified information
under section 506(b)(4) and with respect to which the
procedures described in section 506(c) apply, any order
issued by the judge shall be reviewed by the Court of
Appeals for the District of Columbia Circuit.
``(B) Use of special attorney.--With respect to any
issue relating to classified information that arises in
such review, the alien shall be represented only by the
special attorney designated under section 506(c)(1) on
behalf of the alien.
``(d) General Provisions Relating to Appeals.--
``(1) Notice.--A notice of appeal pursuant to subsection (b)
or (c) (other than under subsection (c)(2)) must be filed
within 20 days after the date of the order with respect to
which the appeal is sought, during which time the order shall
not be executed.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c)--
``(A) the entire record shall be transmitted to the
Court of Appeals, and
``(B) information received pursuant to section
505(e), and any portion of the judge's order that would
reveal the substance or source of such information,
shall be transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal or review
to the Court of Appeals pursuant to subsection (b) or (c):
``(A) Review.--The appeal or review shall be heard as
expeditiously as practicable and the Court may dispense
with full briefing and hear the matter solely on the
record of the judge of the special removal court and on
such briefs or motions as the Court may require to be
filed by the parties.
``(B) Disposition.--The Court shall uphold or reverse
the judge's order within 60 daysafter the date of the
issuance of the judge's final order.
``(4) Standard for review.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c):
``(A) Questions of law.--The Court of Appeals shall
review all questions of law de novo.
``(B) Questions of fact.--(i) Subject to clause (ii),
a prior finding on any question of fact shall not be
set aside unless such finding was clearly erroneous.
``(ii) In the case of a review under subsection
(c)(2) in which an alien lawfully admitted for
permanent residence was denied a written summary of
classified information under section 506(b)(4), the
Court of Appeals shall review questions of fact de
novo.
``(e) Certiorari.--Following a decision by the Court of Appeals
pursuant to subsection (b) or (c), either the alien or the Department
of Justice may petition the Supreme Court for a writ of certiorari. In
any such case, any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to the Supreme
Court, be transmitted under seal. Any order of removal shall not be
stayed pending disposition of a writ of certiorari except as provided
by the Court of Appeals or a Justice of the Supreme Court.
``(f) Appeals of Detention Orders.--
``(1) In general.-- The provisions of sections 3145 through
3148 of title 18, United States Code, pertaining to review and
appeal of a release or detention order, penalties for failure
to appear, penalties for an offense committed while on release,
and sanctions for violation of a release condition shall apply
to an alien to whom section 508(b)(1) applies. In applying the
previous sentence--
``(A) for purposes of section 3145 of such title an
appeal shall be taken to the United States Court of
Appeals for the District of Columbia Circuit, and
``(B) for purposes of section 3146 of such title the
alien shall be considered released in connection with a
charge of an offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations
and actions of the Attorney General pursuant to section
508(c)(2)(C) shall not be subject to judicial review, including
application for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien's rights
under the Constitution. Jurisdiction over any such challenge
shall lie exclusively in the United States Court of Appeals for
the District of Columbia Circuit.
``detention and custody
``Sec. 508. (a) Initial Custody.--
``(1) Upon filing application.--Subject to paragraphs (2) and
(3), the Attorney General may take into custody any alien with
respect to whom an application under section 503 has been filed
and, notwithstanding any other provision of law, may retain
such an alien in custody in accordance with the procedures
authorized by this title.
``(2) Special rules for permanent resident aliens.--An alien
lawfully admitted for permanent residence shall be entitled to
a release hearing before the judge assigned to hear the special
removal hearing. Such an alien shall be detained pending the
special removal hearing, unless the alien demonstrates to the
court that--
``(A) the alien, if released upon such terms and
conditions as the court may prescribe (including the
posting of any monetary amount), is not likely to flee,
and
``(B) the alien's release will not endanger national
security or the safety of any person or the community.
The judge may consider classified information submitted in
camera and ex parte in making a determination under this
paragraph.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a
judge of the special removal court denies the order
sought in an application with respect to an alien and
the Department of Justice does not seek review of such
denial, the alien shall be released from custody.
``(B) Application of regular procedures.--
Subparagraph (A) shall not prevent the arrest and
detention of the alien pursuant to title II.
``(b) Conditional Release If Order Denied and Review Sought.--
``(1) In general.--If a judge of the special removal court
denies the order sought in an application with respect to an
alien and the Department of Justice seeks review of such
denial, the judge shall release the alien from custody subject
to the least restrictive condition or combination of conditions
of release described in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United States Code,
that will reasonably assure the appearance of the alien at any
future proceeding pursuant to this title and will not endanger
the safety of any other person or the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, the alien shall
remain in custody until the completion of any appeal authorized
by this title.
``(c) Custody and Release After Hearing.--
``(1) Release.--
``(A) In general.--Subject to subparagraph (B), if
the judge decides pursuant to section 505(i) that an
alien should not be removed, the alien shall be
released from custody.
``(B) Custody pending appeal.--If the Attorney
General takes an appeal from such decision, the alien
shall remain in custody, subject to the provisions of
section 3142 of title 18, United States Code.
``(2) Custody 